Excluded Damages definition

Excluded Damages has the meaning specified in Section 9.12(a).

Excluded Damages means any incidental, consequential (including lost profits), punitive, special, indirect or exemplary damages, damages for diminution in value, or damages calculated on a multiple of earnings or similar basis.

Excluded Damages shall have the meaning set forth in Section VIII.B., hereof.

Examples of Excluded Damages in a sentence

• Excluded Damages include, but are not limited to, personal injury, property damage, anticipated profits, labor expended, delays, loss of use, and goodwill.

• The IDEA defines a FAPE as “special education” that is provided at public expense.

• The Purchaser hereby releases the Company, to the fullest extent applicable law permits, from liability for all Excluded Damages, and the Company hereby releases the Purchaser, to the fullest extent applicable law permits, from liability for all Excluded Damages.

• Neither Party shall be liable to the other Party for the Excluded Damages, whether foreseeable or not, and even if the applicable Party has been advised of the possibility of the Excluded Damages.

• Neither Party shall be liable to the other Party for any special, indirect, incidental, consequential or punitive damages (the "Excluded Damages"), whether based upon contract, tort or any other legal theory resulting from or in any way connected with the performance by either Party of their respective covenants and agreements under this Agreement.

More Definitions of Excluded Damages

Excluded Damages means any punitive damages.

Excluded Damages means any punitive, special or exemplary damages and any damages that are not probable and reasonably foreseeable.

Excluded Damages means any and all claims, causes of action, losses, expenses, or damages of Company and/or its Affiliates arising from or related to any: loss of use of any networks, systems, software, hardware, computers, or devices; unauthorized access to, alteration of, or the deletion, destruction, corruption, damage, loss, of any information/data and/or the restoration thereof; lost or anticipated business revenue or profits; loss of business opportunity or failure to realize expected savings; third party claim against Company and/or any of its Affiliates; reduction in reputation, or goodwill; loss of use or other downtime of all or a portion of a Cloud Service (or supporting hosting platform) for any reason, including as a result of power outages, system failures, internet failures, or other denial of access to or interruption of such Cloud Service; procurement of substitute goods, software or services; or otherwise for any other incidental, punitive, exemplary, indirect, special, or consequential damages.

Excluded Damages is defined in Section 9.8.

Excluded Damages has the meaning specified in the definition of Damages.

Excluded Damages is defined in Section 11.6(c).

Excluded Damages means any punitive, special or exemplary damages and any damages that are not probable and reasonably